Andhra Pradesh High Court - Amravati
B Dhanunjayulu vs The State Of Andhra Pradesh on 26 April, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.10646 OF 2023
ORDER:-
This Writ Petition is filed under Article 226 of the Constitution of
India, seeking the following relief:
"to issue an appropriate Writ, Order or direction more
particularly one in the nature of WRIT OF MANDAMUS
declaring the action of the respondent authorities in not
considering the case of the petitioner for promotion to the post
of Assistant City Planner on the ground that the disciplinary
proceedings are pending against the petitioner vide
G.O.Rt.No.1251, Municipal Administration and Urban
Development (E2) Department dated 7.11.2006 and
G.O.Rt.No.1160, Municipal Administration and Urban
Development (VIG.II) Department, dated 1.9.2012 (as the
charges relating to 10 to 16 years old) without concluding the
disciplinary proceedings as per G.O.Ms.No 679, General
Administration (Services-C) Department, dated 1.11.2008 is
illegal, arbitrary and violation of Article 14, 19 and 21 of
Constitution of India including contrary to judgments of the
Hon'ble Apex Court of India in a case of State of A.P. vs
N.Radha Krishna reported in 1998 (4) SCC Page 154, 2005(6)
SCC Page 636 and the same are liable to be set aside and
consequently direct the respondent authorities to consider the
case of the petitioner for promotion to the post of Assistant City
Planner without reference to the charges framed against the
petitioner vide G.O.Rt.No.1251 Municipal Administration and
Urban Development (E2) Department dated 7.11.2006 and
G.O.Rt.No.1160, Municipal Administration and Urban
Development (VIG.II) Department, dated 1.9.2012 (as the
charges relating to 10 to 16 years old) and the law laid down
by the Hon'ble Apex Court in a case of State of A.P. vs N.Radha
Krishna reported in 1998 (4) SCC Page 154, 2005 (6) SCC Page
636 and to pass such other order or orders..."
2. Heard the learned counsel for the petitioner and the learned
Government Pleader for Services-IV for the respondents. Perused the
material on record.
3. Learned counsel for the petitioner submits that it suffices if a
direction is given to the respondents to consider the case of the petitioner
for promotion to the post of Assistant City Planner, in terms of
G.O.Ms.No.257, General Administration Department (SER.C), dated
10.06.1999 and without referring to the Charge Memos issued by the 1st
respondent vide G.O.Rt.No.1251, Municipal Administration and Urban
Development (E2) Department dated 7.11.2006 and G.O.Rt.No.1160,
Municipal Administration and Urban Development (VIG.II) Department,
dated 1.9.2012 against the petitioner.
4. Learned Government Pleader appearing for the respondents does
not refute the said submission.
5. Having regard to the facts and circumstances and without
touching the merits of the case, the respondents are directed to consider
the case of the petitioner for promotion to the post of Assistant City
Planner, in terms of G.O.Ms.No.257, General Administration Department
(SER.C), dated 10.06.1999 and without referring to the Charge Memos
issued by the 1st respondent vide G.O.Rt.No.1251, Municipal
Administration and Urban Development (E2) Department dated
7.11.2006 and G.O.Rt.No.1160, Municipal Administration and Urban
Development (VIG.II) Department, dated 1.9.2012 against the petitioner
and pass appropriate orders within a period of (06) six weeks from the
date of receipt of the order.
6. Accordingly, the Writ Petition is disposed of at the admission
stage. No costs.
As a sequel, miscellaneous applications pending, if any, shall
stand closed.
_____________________________________________
JUSTICE VENKATESWARLU NIMMAGADDA
Date: 26.04.2023
BSP
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.10646 of 2023
Date: 26.04.2023
BSP
